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HomeMy WebLinkAboutOrdinance No. 19614 ORDINANCE NO. 19614 AN ORDINANCE CONCERNING MOBILE HOME PARK CONVERSIONS; AMENDING SECTIONS 2.1060 AND 2.1990 OF THE EUGENE CODE, 1971; AND ADDING A NEW SECTION 2.1086 TO THAT CODE. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The caption immediately preceding Section 2.1060 of the Eugene Code, 1971, and Section 2.1060 are amended to provide: 2.1060 mean: Ordinance - 1 Condominium and Mobile Home Park Conversion Condominium and Mobile Home Park Conversion - Definitions. In sec- tions 2.1060 to 2.1086 of this code, the following words and phrases Affected tenant. Any tenant who resides in a building to be converted at the time of notice of planned conversion, or who is a tenant of a mobile home park at the time of notice of park closure. Agent. A person who represents or acts for or on behalf of a developer in selling or offering to sell a condominium, or stock cooperative unit, but such term does not include an attorney at law whose representation of another person consists solely of rendering legal services. Alternative housing. Mobile home or other housing which is reasonably similar to the mobile home occupied or owned by the spe- cial category tenant or a mobile home space which is reasonably similar to the space then occupied by the special category tenant in terms of location, price, proximity to services, general ameni- ties, and any other factors identified in administrative rules issued hereunder. Housing or a mobile home space is not reasonably similar if it is located in a mobile home park for which a notice of park closure has been given or for which reasonable evidence exists that the owner of the mobile home park is contemplating conversion to other uses. Association of unit owners. The association of owners of units of a condominium formed for controlling the administration, management and operation of a condominium or the resident board of directors of any cooperative housing unit project. Building. A multiple unit building or single unit building, or any combination thereof comprising a part of property. City manager. The city manager or his/her designee. Common elements. The general common elements existing for the benefit of common use of more than two unit or share owners which shall include, where applicable: (a) The land whether leased or in fee simple upon which a building is located, except any portion thereof included in a unit or made a limited common element by the declaration of unit ownership; (b) The foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, fire escapes, entrances and exits of a building; (c) The basements, yards, gardens, parking areas and outside storage spaces; (d) Installation of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning, waste disposal, and incineration; (e) The elevators, tanks, pumps, motors, fans, compres- sors, ducts, and in general all apparatus and installations existing for common use; (f) The premises for the lodging of janitors or care- takers of property; and (g) All other elements of the building convenient or necessary to its existence, maintenance, and safety and nor- mally in common use. A component of a common element is any identifiable part of a common element which may be separately purchased and which has an expected useful life which is different than other parts of the common element. Comparable housing. Housing which is decent, safe, and sani- tary, in compliance with all applicable municipal codes and open to all persons regardless of race, creed, national origin, ancestry, religion, marital status, or gender. Housing is comparable if it is provided with facilities reasonably similar or equivalent to that provided by the landlord in the dwelling unit in which the tenant then resides in regard to each of the following: (a) Apartment size, being no less than 80 percent of the area square footage of the dwelling unit in which the tenant then resides; (b) Rented for an amount no more than 120 percent of the last month's rent paid by the tenant to the owner of the property to be converted. Rent shall not include money paid or charges collected by the lessor for the provision of utility services; (c) The same number of bedrooms; (d) Similar kitchen and bath facilities; (e) Similar special facilities for the particular ten- ant's needs if that tenant is handicapped or elderly, includ- ing but not limited to elevators and security features; (f) Similar cooling and heating systems; (g) Similar accessibility in terms of time and travel and distance from public transportation routes to the tenant's place of employment, community and commercial facilities, schools, medical services, and transportation; and, (h) Such other factors as may be identified in adminis- trative rules issued hereunder. A unit is not comparable if it is located in a building for which a notice of planned con- version has been given or for which reasonable evidence exists that the owner of such building is contemplating conversion to condominium or cooperative units. "Comparable housing" does not include: any hotel, motel, or other similar struc- Ordinance - 2 ture or room therein used primarily for transient occupancy, in which at least 60 percent of the rooms is devoted to liv- ing quarters for short-term tenants or guests or used for transient occupancy; any rental unit in an establishment which has as its primary purpose the providing of diagnostic care and treatment of diseases, including but not limited to hospi- tals, convalescent homes, nursing homes, and personal care homes; or any dormitory or institute of higher education, or private boarding school dwelling unit which is provided for student occupancy. Condominium. Land, whether leasehold or in fee simple, whether contiguous or noncontiguous, and all buildings, improve- ments, and structures thereon, and all easements, rights and appur- tenances to the property where the ownership of such land is shared in undivided interests except for exclusive and separate ownership or right of residency of each residential unit located on the land. "Condominium" shall include all property subject to the provisions of state law on condominium conversion and cooperative housing units. Condominium instruments. The declaration of unit ownership required to be recorded under state law, any supplementary declara- tions and plats, bylaws for the association of unit owners, the notice of intention or disclosure statements filed pursuant to state law, the condominium public report or examination issued pur- suant to state law, the building code inspection report and certi- ficate of repairs required under section 2.1070(a) of this code, the informational brochure described in section 2.1070(c)2 of this code, the engineer's certificate required under section 2.1070(b) of this code, the TAP contract required under section 2.1070(e) of this code, and any other document defined as a condominium instru- ment under administrative rules issued hereunder. "Condominium instrument" as applied to cooperative housing unit projects shall include any document equivalent to those identified above as well as the articles of incorporation, by-laws, executed regulatory agreements, occupancy or subscription agreements, management con- tracts, management plans, and applications for mortgage insurance of the cooperative corporation. Condominium unit. The part of the property consisting of a building or one or more rooms intended for any type of independent residential ownership, the boundaries of which are described in a declaration of unit ownership under state law and which has a direct exit to a public street or highway or to a common area or areas leading to a public street or highway. Conversion (condominium). The process whereby more than two rental housing units sharing one or more common elements are con- verted from ownership in whole by a person or group of persons to ownership by several persons whose ownership interests are separ- ate as to residential or commercial units located on the real property. "Condominium conversion" includes the process prescribed by state law for issuance of a declaration of unit ownership, and the process of converting rental units to cooperative housing units, but does not include the process of converting non-residential Ordinance - 3 commercial or industrial buildings to residential condominiums or cooperative housing units. Conversion (mobile home park). The termination of a rental agreement for a mobile home and/or mobile home space by the mobile home park owner for the purpose of ending mobile home residential uses of the park and either beginning different land uses or sell- ing the property, which conversion is not required by the exercise of eminent domain or by order of state or local agencies; or, the obtaining of a building permit for a structure located on a site previously used as a mobile home park within the past two years. Cooperative housing. Improved real property owned or leased by a cooperative housing corporation or by any other corporation, partnership, trust or association in which all or substantially all of the shareholders of the corporation, partners of the partnership, beneficiaries of the trust or members of the association receive a right of exclusive occupancy in a rental unit of the building, which right of occupancy is transferable only concurrently with the transfer by any means of the stock, partnership interests, benefi- cial interest, or membership held by the person having such right of occupany. Declaration of unit ownership. The document submitting prop- erty to the state unit ownership law filed pursuant to state law. Developer. A "declarant" under state condominium law, or any person who plans to submit property legally or equitably owned in whole or in part by him or her to the provisions of state condomin- ium law, or any person who purchases an interest in a condominium from a declarant or subsequent developer for the primary purpose of resale, including any person, entity, or group who purchases or is negotiating a purchase of a building for use as cooperative apart- ments. Disabled person. A person who has, at the time of issuance of a condominium conversion permit or mobile home park conversion permit, a mental, emotional or physical disability or illness of more than a temporary duration that: (a) Substantially impairs his/her ability to move about to find or maintain a housing unit without the use of external aids (e.g., wheelchair, cane, walker, guide dog) or without another person's assistance, or without pain; or (b) Involves the loss of sight or hearing ability, pre- vents normal walking or climbing of stairs, or requires a spe- cial life support system; or (c) Affects his/her ability to make decisions or manage his/her own financial affairs without assistance. A disability must prevent or make it difficult for the person to carry out regular activities of daily living (e.g., housework, shop- ping, laundry, meal preparation, personal care such as bathing and dressing). Evidence that would determine the status of disability would include a doctor's certificate, a statement from a health care specialist attesting to the above criteria, a governmental determination of disability, or a worker's compensation determina- tion of greater than 50 percent disability. Elderly person. A person who is 70 years of age or over at the time of the notice of planned conversion or notice of park clo- sure. Ordinance - 4 Good cause for eviction. An eviction for one or more of the following reasons: (a) The tenant has failed to pay rent to which the land- lord is entitled within 10 days after it is due; (b) The tenant has violated a written obligation or cov- enant of the tenancy other than the obligation to surrender possession upon proper notice, and has failed to cure such violation for 14 days after receiving written notice thereof from the landlord; (c) The tenant has permitted or is permitting a nuisance to exist in or is causing damage to, the rental unit or to the appurtenances thereof, or to the common area to the property containing the rental unit; (d) The tenant is creating an unreasonable interference with the comfort, safety, or enjoyment of any of the other residents of the same or any adjacent building; (e) The tenant is using or permitting the rental unit to be used for any illegal purpose; (f) The tenant, under a terminated written lease or rental agreement, has refused, after receiving written request or demand from the landlord, to execute a written extension or renewal thereof for a further term of like duration with simi- lar provisions and at such terms as are not inconsistent with or violative of any provision of sections 2.1060 to 2.1084 of this code. (g) The tenant has refused the landlord reasonable access to the unit for the purpose of making repairs or improvements or for the purpose of inspection as permitted or required by the lease or by law or for the purpose of showing the rental unit to any prospective purchaser or mortgagee; (h) The person in possession at the end of the lease term is a subtenant not approved by the landlord; or (i) The tenancy is conditioned on and in consideration of the tenant's employment as superintendent, manager, janitor, or in some other capacity and such employment is terminated. Hearings officer. A person appointed by the city manager to decide contested issues arising under sections 2.1060 to 2.1086 of this code. Lifetime lease. A lease containing the following provisions: (a) The tenant shall have the option of cancelling the lease at any time upon 30 days written notice to the owner; (b) The tenant cannot be evicted except for good cause; (c) Right of occupancy shall be nontransferable; (d) The rent for the unit shall be set at no more than the rent existing on comparable housing in the same building if such comparable housing exists; and (e) Except as provided above, other terms and conditions are the same as those contained in the tenant's current lease, or rental agreement. Low income person. A person who, at the time of notice of planned conversion or notice of park closure, has a current in- come equal to or less than 80% of the median income on a yearly basis determined for Lane County by the Department of Housing and Ordinance - 5 Urban Development or its successor. Mobile home. "Mobile home" as that term is defined by section 9.015 of this code or by ORS 446.003(17) as amended on or before January 1, 1989. Mobile home park. Any place where four or more mobile homes are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee or to be paid for the rental or use of facilities or to offer space free in connection with securing the trade or patronage of such person and which is either: (a) Located in an area designated for non-residential uses in the Metropolitan Area General Plan or applicable neighborhood refinement plans or special area studies; (b) Zoned principally for non-residential uses; or, (c) Located, in whole or in part, in the 100 year flood plain as shown on the Federal Insurance Administration Flood Insurance Rate Map. Mobile home park owner or Park owner. The owner, lessor, sub- lessor or manager of a mobile home park. Moving expenses. A sum of money representing the actual costs for moving the tenant's possessions (or, where applicable, a tenant's or owner's mobile home) to another location within the city (for condominium tenants) or within the urban growth boundary (for mobile home tenants), exclusive of expenses attributable to packing and unpacking. For elderly or disabled tenants the reim- bursement shall include packing and unpacking expenses. In the case of mobile home moving expenses, eligible expenses also include removal and reinstallation of skirting, disconnecting utilities, disconnecting and removing awnings and decks from the mobile home, trip permit and public inspection fees, transportation costs, set up charges, utility connection expenses and fees, unit improvements to meet destination park space standards, unit improvements to meet state structural speciality codes, and temporary housing and meals for the tenant and permanent occupants during unit relocation and set up. The maximum amount of moving expenses shall be set by administrative rules issued hereunder. Permit. A condominium conversion permit or mobile home park closure permit issued by the city manager under section 2.1066 or 2.1086 of this code. Rental agreement. All written or oral agreements, and valid rules and regulations adopted under ORS 91.780 as amended on or before January 1, 1989, embodying the terms and conditions concern- ing the use and occupancy of a mobile home or mobile home space. Rental housing unit. A leased residential unit for individual occupancy containing separate kitchen facilities which has a direct exit to a public street or highway or to a common area or areas leading to a public street or highway. Sale. Every final disposition or transfer of a condominium unit or purchase of a cooperative share by a developer, including the offering of the property as a prize or gift when a monetary change or consideration for whatever purpose is required by the developer or his agent. Ordinance - 6 Share. A certificate of interest, participation, or ownership in a cooperative corporation including any subscription, membership, or occupancy agreement. Special category tenants. Any person who is elderly, disabled, or low income. Tenant (mobile home park). A person entitled under a rental agreement to occupy, to the exclusion of others, a mobile home or mobile home space in a mobile home park. Unit Owner. A developer who owns a unit or share, a person to whom ownership of a unit or share has been conveyed, or a lessee of a unit in a leasehold condominium whose lease expires simultane- ously with any lease the expiration or termination of which will remove the unit from the condominium, but not a person having an interest in a unit or share solely as security for an obligation. Section 2. Section 2.1086 is hereby added to the Eugene Code, 1971, to provide: 2.1086 Mobile Home Park Closures. (1) Intent. It is the intent of these prOV1Slons to mitigate the adverse effects of displacement on tenants in mobile home parks that will convert to a different use. (2) Scope of Regulations. Section 2.1086 of this code shall be applicable to the conversion of mobile home parks to a different use or uses if those parks are designated for non-residential use(s) in applicable plans, are zoned primarily non-residential, or are located in the 100 year flood plain as shown on the Federal Insurance Administration Flood Insurance Rate Map. (3) Limitations. Notwithstanding any other provision of law, no person may convert, nor shall the city permit the conversion of, any mobile home park to a different use unless a mobile home park closure permit has been obtained and a fee paid in the amount set by the city manager under section 2.020 of this code. (4) Closure Permit. The procedures and requirements of sections 2.1066(1), 2.1066(2), 2.1066(3), 2.1066(4), 2.1066(6), 2.1074(6), and 2.1076 (1) of this code as they apply to condominium conversion permits shall apply to the application, staff review, approval, appeal, reapplication, revocation and dispute resolution for a mobile home park closure permit. The city mana- ger shall issue a mobile home park closure permit if the manager finds that the park owner has completed or is contractually obligated to the city to complete the obligations imposed by this section of the code. It shall be grounds for denial of a permit that the park owner has evicted more than one special category tenant without good cause (as good cause is defined by ORS 91.886 as amended on or before January 1, 1989) during the year preceding the notice of park closure. No permit shall be transferred or sold unless such transfer or sale is first approved by the city manager. (5) Notice of Park Closure. (a) The park owner shall provide a notice of park closure to affected tenants of the mobile home park prior to any conver- sion of the mobile home park. The notice shall be given at the Ordinance - 7 times specified in ORS 91.886(4) (as amended on or before January 1, 1989). The notice shall contain the date of park closure, date of termination of tenancy, information on tenant rights and bene- fits and park owner duties under state and local law, and any other information required by state law or administrative rules issued hereunder. (b) After the notice of park closure has been given to affect- ed tenants, all prospective tenants of the mobile home park shall be given written notice prior to entering into a rental agreement. The notice shall disclose the estimated date of park closure and unavailability of benefits under this code. (6) Provision of Housing Information. After notice of park closure to an affected tenant, a park owner shall create, maintain, and make available to all tenants a current survey showing the total number of mobile home spaces, the number of vacant mobile home spaces, rent schedules, and avail- able mobile homes for sale in mobile home parks (as defined by section 9.015 of this code) located within the urban growth boundary shown on the Metropoli- tan Area General Plan. The park owner shall update this information at least every four months, or at such intervals provided for in administrative rules issued hereunder. The survey contents shall be subject to administrative rules issued hereunder. (7) Relocation Costs. After the notice of park closure, a park owner shall pay all of the eligible moving expenses of qualified affected tenants. To qualify, an affected tenant must reside in a household whose income at the time of notice of park closure is at or below the annual median income for a household of that size in Lane County as determined by the Department of Housing and Urban Development or its successor (median income). Eligible moving expenses shall be all or part of the affected tenant's actual moving expenses or a maximum cost set by administrative rule, whichever is less. The percentage of a tenant's actual moving expense that is an eligible moving expense is: 100%, if the tenant's household income is at or below 50% of the median income; 50%, if the tenant's household income is at or below 75% and above 50% of the median income; and, 25%, if the tenant's household in- come is at or below 100% and above 75% of the median income. (8) Benefits to Special Category Tenants. The park owner shall hire a person or entity as a housing counselor for affected tenants who are also special category tenants. The housing counselor shall perform the following services for special category tenants on behalf of the park owner: (a) Determine special category tenant eligibility by con- ducting tenant surveys, keeping records, and preparing reports as the city requires. (b) Explain benefits to special category tenants. (c) Act as a housing referral resource by providing special category tenants with a list of alternative mobile home parks and other available housing. (d) Provide assistance in locating and securing alternative housing based on special category tenant needs. (e) Seek alternative housing to meet special category tenant needs by maintaining an inventory of potential spaces in parks and vacancies in alternative housing, possibly including on-site visits to determine those most suitable. (f) Assist special category tenants in viewing spaces in parks or alternative housing. Ordinance - 8 (g) Assist special category tenants in understanding rental agreements. (h) Assist special category tenants to arrange for moving. After notice of park closure is given, no special category tenant shall be evicted without good cause, (as good cause is defined by ORS 91.886 as amend- ed on or before January 1, 1989) from the mobile home park or required to pay more rent than the rent charged for a comparable mobile home or space in the mobile home park. (9) Enforcement. The city shall have the general enforcement powers with respect to this section of the code as is provided by section 2.1078(2) with respect to condominium conversion. Any person who converts a mobile home park without a permit shall be guilty of a violation. Any person who wilfully makes an untrue or misleading statement of material fact or wilfully omits to provide required data on any document prepared pursuant to this section of the code shall be guilty of a violation. The penalty for any such violation shall be as provided in section 2.1990(5) of this code. (10) Rulemaking Authority. The city manager is authorized to promulgate any rules necessary for the implementation of this section of the code. These rules shall be adopted in the manner provided for in section 3.012 of this code. Section 3. Subsection (5) of Section 2.1990 of the Eugene Code, 1971, is amended to provide: 2 . 1990 Penalties - Specific. (5) A violation punishable under section 2.1078(3)(b), 2,1082(4) or 2.1086 is punishable by a fine not to exceed $500 for each day of continu- ing violation. Section 4. Operative Effect. The provisions of this Ordinance do not apply to any mobile home park where a notice of park closure under ORS 91.886 (4) has been given to tenants on or before January 1, 1989. Section 5. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein, or in other provisions of the Eugene Code, 1971, to the provisions amended or added herein. Passed by the City Council this 22nd day of May, 1989 r- ,. //17 City Re~rder Approved by the Mayor this 22nd day of May, 1989 ~ i:4,;I( Ordinance - 9